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PEOPLE, res, v. JULIO RODRIGUEZ, def-ap

8636. PEOPLE, res, v. JULIO RODRIGUEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for res — Order, Supreme Court, New York County (Cassandra Mullen, J.), entered on or about June 22, 2011, which adjudicated defendant a level three sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), affirmed, without costs.

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8636. PEOPLE, res, v. JULIO RODRIGUEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Lisa A. Packard of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for res — Order, Supreme Court, New York County (Cassandra Mullen, J.), entered on or about June 22, 2011, which adjudicated defendant a level three sex offender and a sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), affirmed, without costs.

Defendant argues that the court’s notice, in writing, of the date of the hearing, was late by one day. However, defendant never argued at the hearing that he had not been provided the 20-day notice required by Correction Law §168-n(3). In any event, defendant cannot establish that the court did not afford him an opportunity to respond to the People’s application.

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